2024 INSC 1005
1 |SLP(C)No.21506/2019
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 13516 OF 2024
(Arising out of SLP (C) NO.21506/2019)
TIRITH KUMAR & ORS. … APPELLANTS
VERSUS
DADURAM & ORS. … RESPONDENTS
J U D G M E N T
SANJAY KAROL, J.
THE CHALLENGE
1. This appeal questions the correctness of the judgment and order passed by the
High Court of Chhattisgarh, Bilaspur, in Second Appeal No. 270 of 2003,
dated 6th February 2019 and it raises the question as to whether the Hindu
Succession Act, 19561 could be applied to the parties to the instant lis? The
Courts below i.e. the First Appellate Court2 in Civil Appeal No.09A/2001 vide
judgment dated 27th January, 2003 and the Trial Court3 in Civil Suit No. 131A
of 1995, by judgment dated 16th December, 2000 found the appellants to be
1 Hereinafter referred to as ‘HSA, 1956’. 2 The Court of Additional District Judge, Sakti, District Bilaspur. 3 The Court of Civil Judge Class-2, Sakti, District Bilaspur.
2 |SLP(C)No.21506/2019
‘sufficiently hinduised', having given up their customs as part of a tribal
community and therefore are governed by Hindu law, and thereby the
respondents herein do not have any rights over the property originally
belonging to Mardan.
BRIEF FACTS
2. Brief facts as emanating from the record are:-